Oppose GMA's undeclared martial law that claimed 679 lives and disappeared 168 persons

A Press Statement by KARAPATAN on International Day of Disappeared
May 4, 2006

Human rights defenders from 15 regional offices of the human rights alliance KARAPATAN have strong reasons to believe and are one in pronouncing that an UNDECLARED MARTIAL LAW already exists in our country and the fake president, Gloria Macapagal-Arroyo is the NEW DICTATOR.

The human rights situation is seriously alarming, with the escalating extra-judicial killings sanctioned by the state through its Armed Forces' Operation Plan Bantay Laya (Oplan Bantay Laya). From January 21, 2001 to May 31, 2006, there are 679 victims of political killings, 350 victims of frustrated killing and 168 persons were abducted and remain missing to this day.

Today, June 4, as nations observe the day of the disappeared, we join the families of those abducted by government forces in their demand to surface the victims and be given protection of the law.

GMA, with the support of the US government, has been implementing Oplan Bantay Laya that has targeted civilians – dissidents and ordinary Filipinos alike. Of the 679 civilians arbitrarily killed, 301 were activists and 378 have no known political affiliations.

Fellow Filipinos, mostly from the underprivileged sectors all over the country cry out against the terror caused by assassins, death squads, heavy military deployments and sustained military operations that wreak havoc on peaceful communities.

We are enraged that 44 children have been killed and 5 unborn babies died with their mothers when soldiers and paramilitary forces massacred their families; families were also torn apart and uprooted because of these executions of innocents.

We denounce the killing of 24 human rights defenders and the continuing surveillance and harassment of our human rights workers in the field.

We decry the political persecution of Filipinos clamoring for a change in government.  GMA's wanton use of power through the Calibrated Preemptive Response, Executive Order 464, Presidential Proclamation 1017 and the trumped-up charges against Party List representatives and leaders of progressive people's organizations.

We condemn the clampdown on the Philippine press with the murder of journalists, the raid of the Tribune office, the threats to do the same to PCIJ, Abante and other media outlets.

The intensity and frequency of attacks on Filipinos are unprecedented.  This can only be called an undeclared martial law.  In the face of these attacks on our civil liberties, we vow to oppose the tyranny of the illegitimate president Gloria Macapagal-Arroyo and her cohorts.

We are convinced that our people should all the more strengthen their resolve to invoke their right to oust a despot and establish a democratic order.

UNITED NATIONS: People's engagement with Human Rights Council must now begin

A Statement by the Asian Human Rights Commission (AHRC)
May 11, 2006

The new Human Rights Council was elected on May 9, 2006 according to the General Assembly Resolution of April 3, 2006.

When electing members of the Council, Member States shall take into account the contribution of candidates to the promotion and protection of human rights and their voluntary pledges and commitments made thereto; the General Assembly, by a two-thirds majority of the members present and voting, may suspend the rights of membership in the Council of a member of the Council that commits gross and systematic violations of human rights [A/60/L.48, para 8].

The Resolution further requires the Council within a year to assume, review and, where necessary, improve and rationalize all mandates, mechanisms, functions and responsibilities of the Commission on Human Rights in order to maintain a system of special procedures, expert advice and a complaint procedure; the Council shall complete this review within one year after the holding of its first session [para 6].

Countries being voted into the Council is only the first step in creating the sort of Human Rights Council expressed by the General Assembly Resolution, and even more importantly, as expected by people around the world. Among these people, those who wish the Council to play a pronounced role are from countries where human rights abuses are most prevalent. In the coming months people will test their hopes against the possibilities created by the Council to deal with the world's most difficult human rights problems.

That many of the countries elected are themselves known to have serious human rights problems need not be an obstacle to the Council fulfilling its role, as long as all countries approach the Council with a view to resolving known human rights problems. The starting point must be an acknowledgement of these problems, followed by a concerted effort to resolve them. This is the only way to maintain the Council's legitimacy. The pledges made by member countries for the improvement of human rights must be the basis for the Council's work. Under no circumstances must the Council be used as a forum for the denial of human rights abuses. Only then will it be possible for the Council to generate genuine debate on human rights and their implementation.

According to the Resolution giving birth to this Council, the Council will work on the basis of universally accepted human rights norms and standards. At present however, there is a global threat to some of these fundamental norms. One such norm is the absolute prohibition against torture. Many of the countries in the Council have a known record of torture. The Council's determination to become the world's human rights leader may greatly depend on the way it addresses this basic issue.

The role played by the Council will also depend significantly on the manner in which civil society, including the media, academics and particularly human rights groups throughout the world are able to engage with the Council in its crucial formation period. Such engagement should not merely relate to how and when civil groups can attend Council meetings and in what ways they can make submissions. While these are necessary questions, far more crucial is the daily engagement regarding the Council's formation and activities.

Modern media facilities provide enormous opportunities for people around the world to observe and discuss ways in which the Human Rights Council should play a role in resolving human rights problems. Forging an international body to deal with these problems requires unrelenting efforts to widen this debate as much as possible.

The earlier Commission on Human Rights was unable to catch the imagination of the people around the world. Most people did not even know of the existence of such a body or its purpose. It is essential that at this early stage of the Council's formation, such a situation is avoided. Ordinary people around the world must learn to hold the Human Rights Council accountable. If such public awareness can be achieved, the Council may be successful in fulfilling its mandate as set out down by the UN Resolution.

“The Truth Will Set You Free”
(Jn 8:32)

A Pastoral Statement by the Roman Catholic Bishop & Clergy of the Diocese of Borongan on ‘People’s Initiative’ for Charter Change

Beloved People of God:

It is publicly known that efforts known as ‘People’s Initiative’ for Charter Change are on-going in Eastern Samar and in the Philippines. It is also publicly known that such efforts are largely the initiative of government officials, both national and local. What is less known to many is the fundamental principle that “political authority, either within the political community as such or through the organizations representing the state must be exercised within the limits of the moral order” (Pastoral Constitution on the Church in the Modern World Gaudium et Spes, no. 74). We see signs of deceit and misinformation. For this reason we, Your Bishop and Your Priests, have to speak because these are an affront to true justice and morality. After all, as the Second Plenary Council of the Philippines declares, we your “pastors have competence in the moral principles governing politics” (PCP II, n. 342).

We stand with the Catholic Bishops Conference of the Philippines when it teaches that “changing the Constitution involving major shifts in the form of government, requires widespread participation, total transparency, and relative serenity that allows for rational discussion and debate” (CBCP Statement, 2006). Like them we also recognize and respect the desire of a number of Filipinos to change some aspects of the constitution for the sake of better governance and more assured attainment of the common good. But we also “view with alarm…the present signature campaign endorsed by the government. Signatures are apparently collected without adequate information, discussion and education” (Pastoral Statement on the Alleged ‘People’s Initiative’ to Change the Constitution, no. 2).

In many parts of Eastern Samar, for instance, the CBCP’s general observation has been verified by specific reports from certain priests and responsible lay leaders in our parish communities. Not only are adequate information, discussion and education on the proposed changes lacking; in many cases signatures have been collected using downright deception, for instance, as people’s registration for Philhealth. People have been prodded to sign their names on vague promises of “better times ahead under a new constitution” or even “better-paying jobs”. Significantly forthright are admissions of some local officials that the initiative is favorable to them because they could save money with the cancellation of the next elections in 2007 under the amendments being proposed. In a word, the CBCP’s twofold parameter for a morally principled Charter Change, namely, (1) “widespread participation, total transparency, and relative serenity that allows for rational discussion and debate” and (2) that “the reasons for constitutional change…be based on the common good rather than on self-serving interests or the interests of political dynasties” (CBCP Statement, 2006) may have been violated in various parts of Eastern Samar, if not the whole country itself. As your pastors we must denounce such acts because, in violating morality, they do not serve the people’s true welfare.

May the Risen Lord empower us to die to self-serving motivations and rise to genuine character change, not simply charter change, as a people and as a nation.

UN General Assembly must reject the Philippines' Human Rights Council bid

A Statement by the Asian Human Rights Commission
April 25, 2006

"The Asian Human Rights Commission calls on the UN General Assembly to reject the candidacy of the Philippines to the UN Human Rights Council..."

On April 19, the government of the Philippines joined other Asian countries applying to be members of the new UN Human Rights Council. It also issued a pledge on human rights (which can be found at: http://www.un.org/ga/60/elect/hrc/philippines.pdf). Like some other Asian candidates for the council, there is a world of difference between the Philippines' human rights pledge and human rights reality. The government talks up its ratification of seven international human rights treaties and a number of protocols, yet its record for implementation is dismal. Like other countries from the region, it purports to uphold human rights simply because of having agreed to do so --conveniently ignoring the fact that international laws are only meaningful when given effect in domestic law and practice.

More killings but no protection

A look back at the concluding recommendations of UN Human Rights Committee to the Philippines in 2003 shows how little interest the government actually has in its obligations under the International Covenant on Civil and Political Rights. Although the Committee raised concerns at the country's "lack of appropriate measures to investigate" and "lack of measures taken to prosecute and punish the perpetrators" in killings of human rights defenders and journalists, the government has done nothing in response. On the contrary, recent times have seen an alarming increase in the number of activists killed, abducted and forcibly disappeared. Few perpetrators have been arrested, let alone identified. There is also no law enabling the families of disappeared persons to obtain any redress.

One of the main reasons that these incidents continue unabated is that there is no protection for witnesses and victims from further violence and killings. In other parts of Asia, the Philippines' Witness Protection, Security and Benefit Act (RA 6981) is sometimes held up as a good example of a law to give security to witnesses. But Filipinos know differently. For all practical purposes, the families and witnesses of killings in the Philippines get no security. As a result, the witnesses to killings and families of dead and disappeared victims refuse to cooperate with the authorities for fear of their own lives. Even immediate relatives who have witnessed the murder and abduction of their loved ones have kept silent for fear of the consequences if they seek redress.

These consequences are very real. Take the killing of activist Joel Reyes on 16 March 2005 in Panganiban, Camarines Norte. The lone witness to his case, Dario Oresca, was also slain before he could testify in court. Even though the local police were aware of threats against Oresca, he was not given any protection. In a letter to the Asian Human Rights Commission, the special investigator of the Commission on Human Rights (CHR) at its regional office in Naga City, Raymundo de Silva, admitted as much. More recently, labour leader Rogelio Concepcion was forcibly disappeared on 6 March 2006. Despite the severity of this case and the serious ongoing threats to the lives and security of his family, they too have had no protection.

The government's failure to move RA 6981 from paper into reality flies against the UN committee's concluding observation urging the Philippines "to adopt legislative and other measures to prevent such violations, in keeping with articles 2, 6 and 9 of the Covenant, and ensure effective enforcement of the legislation". Apparently even existing legislation cannot be enforced.

Failure of the National Commission on Human Rights

The Commission on Human Rights (CHR) of the Philippines, a body established under the Paris Principles, has also failed to intervene effectively to address the killings and other gross abuses there. When the government mentions in its pledge that the CHR is a constitutional body, presumably it is trying to impress the reader of the agency's importance. In the Philippines, this means nothing. The CHR is a weak organisation which lacks power to effect its decisions. It has failed to push for implementation of important laws, such as RA 6981. Its personnel are political appointees who lack resources and training and have little notion of even basic human rights principles.

For instance, when the regional office of the CHR in Tacloban City identified four military men allegedly involved in the brutal killing of peasants in Palo, Leyte on 21 November 2005, they gave assurances that the "appropriate charges" would be filed in court and that the victims would get financial assistance. Nothing has happened. And even if the case is filed in court, it will probably be dragged on for years, without any effective guarantees for the safety or future wellbeing of the victims and their families. In short, such commitments by the CHR, like those by the government of the Philippines to the UN, are empty. They have no basis in reality.

Access to justice when?

The pledge to "improve access to justice of the poor and other vulnerable sectors of the society" is likewise highly questionable. The government acknowledged the need for judicial reform when the Supreme Court adopted the provisions of the Action Programme for Judicial Reform (APRJ). The APJR aims to eliminate judicial delays, a lack of court judges and prosecutors, inadequate resources and inadequate compensation for court personnel, among other things. But it has been implemented at a snail's pace. Public lawyers and public prosecutors still fail to perform their jobs to a minimum standard: the people who suffer most are the poor and vulnerable. Again, the government appears to have no genuine interest in addressing the problem.

This is evident in the case of three victims in General Santos City who were allegedly illegally arrested and subsequently tortured by police on 24 April 2002. Despite a strict order from the head of the Public Attorney's Office that District Attorney Yolanda Ogena must provide legal assistance and look into the allegations of torture, Ogena has failed to meet the victims or do as instructed. The victims have had to shoulder high legal costs, and meanwhile their complaint has not been investigated. The case has been pending for three years due to procedural delays, mostly caused by the prosecutor and judge failing to conduct hearings on scheduled dates.

Police and Army still torture with impunity

Although the Philippines has acceded to the UN Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT) it has failed to enact an enabling law to criminalize torture in conformity with the CAT. A proposed bill is facing undue delays. In this light, the government's pledge to "strengthen domestic support for the ratification of the Optional Protocol on CAT and Second Optional Protocol on ICCPR" has no meaning. What is the point in ratifying protocols to international laws that are not themselves enforced? If the government is really committed to eliminating torture, why not start with a domestic law and an independent investigative agency to enforce it? Torture victims have long been denied the possibility of having their complaints investigated, perpetrators prosecuted, adequate medical rehabilitation granted, security guaranteed and compensation awarded. Why not look into the endemic use of torture by the country's police and military?

Even attempts at protesting against torture in the Philippines meet with a stiff response. On 21 April 2006, 20 youths had their placards and leaflets confiscated outside the headquarters of the Philippine National Police in Quezon City. The protestors, who were calling for an end to police torture and an investigation of the alleged brutal torture of 11 peers detained in La Trinidad, Benguet, were told by arrogant police officers that they were acting illegally. Such is the commitment of the Philippine authorities to the rights of torture victims and freedom of expression. Two of the victims in this case who are minors are reportedly also still being held in custody together with adults, breaching domestic law and going against the concluding observations of the Committee on the Rights of the Child to the Philippines on 21 September 2005, which urged the government to ensure that such illegal detention of children with adults does not occur.

The Asian Human Rights Commission calls on the UN General Assembly to reject the candidacy of the Philippines to the UN Human Rights Council. Ratification of international laws means nothing if not made real through domestic laws, agencies, arrests and prosecutions. The government of the Philippines has done none of this. It shows no genuine intent in implementing international human rights standards. Its commitments are meaningless. They cannot be believed. Its record is stained with the blood of victims. Its only achievement has been to deepen frustration and distrust among ordinary Filipinos.

The election of the Philippines to the Human Rights Council would run contrary to everything for which the council should stand. It will be a farce and an injustice, and serve only as an obstacle to the effective functioning of the council. No, the Philippines does not deserve this seat.

Teacher Power

An interview with a Science Classroom Teacher

By VICTORCIANO GO
April 19, 2006

In times of political instability in the country, one can ill afford to overlook the sad plight of classroom teachers whose benefits they long deserved seem elusive in this present government which has chosen to give more attention to upgrade security benefits to soldiers more than the frontliners of education, our classroom teachers.

No doubt our rooster of faculty in the only State University of Western Samar are not losing hope nor are they wavering in inadequate conditions of incentives, promotions, trainings or health benefits. In fact, I can see in some of my professors that the zealous spirit of teaching is still burning. I picked on my Human Biology Professor in the Nursing Program and was glad that my request for an interview with a classroom teacher was granted.

Professor Vicente Simplicio M. Villegas has served the University as a Physics Instructor for 21 years to date and not grown tired of teaching. In fact, he says, it's the only work he thinks he can do well and ignored to immigrate to the US if the job is beside teaching or if he gets to teach, he prefers to teach only when he sees nothing is coming good anymore out of what he has laid as groundwork in this side of Samar.

I asked Prof. Villegas what he thinks about Teacher power and shortly replied something simple - “It is the ability to change individuals to become better persons. It is basically the output of the learning process. A change in behavior due to inputs of knowledge, values, skills in Science and Technology and wisdom by fearing the Lord. But what entirely propels the Teacher Power? Is it the teacher himself?” “For a time, I thought teachers are born like stars. For there are those who seek other good jobs elsewhere. There are those who stick it out though thick and thin. Some are good because they mean well what others cannot articulately express. Some have more gifts of charisma and patience and some have PhD degrees, too, which are flaunted in stately-dance like manner with attractive hoods, caps and velvet – accentuated academic gowns during institutional ceremonies. But then, I see others succeed because they learn the trade in training institutions. Either way, gifted or trained one can merit teacher power.”

In follow-up, I inquired about the best strategy that makes the teaching effective. I was kind of shock when he answered that there is no best strategy.  But then he furthered explained that strategies are suited to the learner's readiness and the subject matter just like a lock and key. But as to approaches and methods, the teacher's role varies. For subjects like Physics or Biology, I asked him, what approach he prefers. “The traditional approach if I think of satisfying my capabilities in Expository methods.” Prof. Villegas retorted. “It is here where my class becomes attentive, excited and jubilant. But I give in more Expository Method where I relegate myself as a facilitator. This way, the students are authentically assessed with performance tests. This is now the emphasis of the Realigned BEC Curriculum which I apply even to my college classes. Constructivism, Discovery, Inductive Method, Metacognitive learning cycle. You have them all geared to satisfy students capabilities in learning by doing minds on and hands on activities.

I have now a clear picture of my classes under him. Even before that I used to observe his classes had alternative events like Science Camping, field trips and the September Days for National Science Club Month Celebration. I asked him, is this part of the New thrust? He gladly reminded me. “Of course, but even before BEC - they were all there already. It is just now that they were re-emphasized.” Why just now? I asked with a trace of disconcertedness. And he answered back, “Perhaps it was because of the result of the TIMSS in the late 90s where our country ranked second to the last in Math and Science Test given to 52 countries world wide. That really was alarming. The Education Department was really shaken. Imagine Vietnamese students surpassing Filipino contenders in Math and Science.”

Finally what do you believe holds the key to all these paradigm shift? “I believe it is Cooperative Learning,” he opined. ”Individuals must develop skills and understanding in order to cooperate because they will have to do so later in life as in jobs, marriages, service clubs and so on. Students have the opportunity to work in groups, develop social skills and learn to listen and build up on the ideas of others. Hence, there is also team is as important that can be applied in Science, Math, Makabayan and other subjects. Even the Science Fair Projects of the high school students are motivated by Cooperative Learning.”

Now I know why there is so much time spent in preparing lessons in the mainstream of Cooperative learning. The learning is deep-rooted marked with quality standard of fixatives. “Am I right, sir? In saying that this Teacher Power is some kind of modern Midas touch?” Out of this probe came the power release. ”If you likened us to Midas who turns everything he touches into gold. You are right. We make silver linings in the lives of others reflect like gold. Our students later in life have become more richer than we are. but there is more to the anecdote of Midas, when he touched the Teacher in his court with his finger, it was Midas himself who turned into gold. A telling of sort that there is no gold in the teacher.”

I broke my silence by concluding that “teachers are gold miners, not gold.” The keys to Teacher Power are revealed and can now be downloaded. Just thinking to myself, for us who are not teacher-trained, of what use will the keys to Teacher Power be? Gold digging, I suppose. Who cares?

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